>> brian: tomorrow is wednesday. you know what that means. a lot of great guests. >> gretchen: all right. peter, thanks for filling in. >> peter: happy to be here. >> gretchen: log on for the after the show show. have a fantastic tuesday. see you tomorrow. bill: all right, thank you guys! on a tuesday morning, major changes to social security? wow! new reports that cuts that entitlement -- cuts to that entitlement could be gaining traction from that supercommittee meeting in washington. on a pretty good day in our nation's capitol. i'm bill hemmer. welcome home to you. martha: thank you very much bill! good morning, everybody, i'm martha maccallum. you have 12 members of this super duper panel, they've got less than three weeks before they're supposed to get in $1.2 trillion in cuts, they've got until thanksgiving to hammer that out and house speaker john boehner says he has high hopes they will reach common ground. >> there's no question that the american people want elected leaders who will stand on principle and stick

to those principles. they want leaders who will do what they say they'll do, who keep their promises, and fight for them. but i also believe equally that the american people expect us to get things done they expect us to seek common ground, and to act on it. bill: you're looking at 21 days on the calendar, the stakes are enormous. charlie hurt, columnist for the washington times, good morning to you. >> good morning to you. bill: what would it mean if they tackle social security? >> well, you know, the truth of the matter is there are a lot of aspects of social security that you could tackle that would not be -- they would be politically painful, but poll -- politician don't like to do anything the least bit painful. they would be a little painful but would make big changes down the line. and i think that both mcconnell and boehner are serious about wanting -- they're old school, sort of wheelers and dealers and i think they would like to

have their imprint on history and make a big difference and of course you're not going to tackle the debt crisis without some sort of entitlement reform, and so i think they probably are serious about trying to do something. bill they have something -- charlie, will they have to do a deal with democrats on that committee on taxes? >> oh, that is the sticking point, is the democrats are demanding that they will not accept anything unless there are more taxes on the table, put on the table, and republicans have been black and white since the beginning of all this, saying they absolutely will not accept any new taxes. and so somebody is going to have to give. if they're going to arrive at some sort of deal, no matter what it is, they're going to have to -- somebody is going to have to give on that, and leave it to politicians to figure out some way to, you know, come up with a compromise. it's the one thing they are good at. bill: the bar is at compromise, you say. >> yeah. bill: that's the one thing

they are good at. they set the bar high here, whether it's medicare, medicaid, sts, the record deficits, that grand bargain that fell apart over the summer with john boehner and the president, that might come back. >> oh, absolutely. and i think that that -- that worries about what sort of could be is the big driving force for a lot of these people who would like to come up with the biggest, most politically palatable overall bargain that gets them out of having any more of these bargains. bill: patty murray is a democrat from washington on this committee, she was asked about social security yesterday and they say they're talking 'it. the cat is not out of the bag but it's peaking its head out, so we'll see what we get. charlie, thank you. martha. martha: let's put this in a little bit of perspect for you. you've got 55 million americans who currently collect social security benefits. this year, that would add a

projected $46 billion to the nation's budget problems. so the average social security check that comes in the mail is currently $1181 a month. so for every person who collects those benefits, who gets one of those checks, it takes three people currently working in order to pay for that check. bill: what do you think at home, huh? log on to foxnews.com/"america's newsroom", our question of the day is such: should the debt commission consider cuts to social security? pretty easy, yes, no, or no, or maybe. how about just yes or no? we'll give you the results throughout the show. log online right now. martha: all right, well watch out folks it looks like it's going to be a tough day for the u.s. stock market. you've got the european markets tumbling, protests intensifying as we're waiting for now a key vote out of greece. that decision could send economic shock waves across the globe. meanwhile here at home we're looking at a lower opening bell as a result of all this. here's how things ended -- ended yesterday.

not a pretty picture in the market. stuart varney is anchor of varney & company on the fox business network. stuart, basically the news out of greece, they want to put this to a vote to the people, has been a shock to the markets. >> this has been a huge shock to markets all around the world, the greek prime minister says we're going to hold a national referendum in january, by the way, which we put the question do you want this bailout package and all the pain and all the austerity measures, yes or no, straight up and down vote, you want it, yes or no. well, that throws the whole deal, last week's deal, when everybody was so euphoric, that throws that deal into disarray. and it puts europe in limbo for at least another couple of months, while the greeks decide do they want the bailout or not. plus, just moments ago, we heard of the greek government itself is in absolute chaos, the socialists are calling for a new election, and the government of national unity. so if they reject the

bailout, if the bailout deal collapses, that is very bad news for europe's economy, it's bad news for our banks and our economy, so this morning, in about 25 minutes, you're going to see the dow industrials drop another 200 points, plus, oil is down, gold is down, stocks, down, everything, because of this. martha: wow, this is an incredible story and it goes to the heart of these connected nations through the e.u. and how problematic it becomes because once one balls if indeed greece does, it causes so many problems, so now we've got to wait until january for this, so that leaves a lot on the table for quite some time. >> yes, that's part of the overall problem here. you've got two months in which you don't know which way the greeks are going to go. meanwhile, this week, president obama flies into europe, he was expecting to be greeted with this debt deal, everybody is euphoric, instead, he's flying in just as the debt deal appears to be unraveling at great cost

to our economy here in america. martha: boy, it's messy. very messy. >> yes. martha: stuart, thank you. we'll watch for you on the business network. bill: i don't know how you get 27 countries to agree on anything. that mess in athens is enough to make anybody sick, including the athens finance minister, checking himself into a hospital for stomach pains, anger over austerity measures have boiled over into the streets today, the greek finance minister last week returning from marathon meetings where european leaders tried to hammer out that new debt deal. they thought they had a deal on thursday, then friday, then the fine print comes into focus over the weekend and now you have what's developing in the parliament in greece, because the prime minister wants to hang on to his government. he's going to find out whether or not he has support for that. martha: andny want to hold on to the life they've become to and austerity, it's a tough pill to swallow to be sure. how about this happening in south carolina, the federal government of the

united states is now fighting to stop another state's tough immigration laws that they took on for themselves. this one in south carolina. so now you've got the justice department saying that that law which requires officers to check for immigration status as we've seen in a couple other states, as you know s. unconstitutional. that coming from the justice department against south carolina. kelly wright has the details. kelly, what does the federal government want south carolina to do about its new immigration law that they say they implemented because nobody else would do it for them? >> reporter: martha, let's point out the south carolina immigration law does not go into effect until january 1st, but the federal government wants a judge to prevent that from ever happening, in fact, you may recall the justice department filed similar lawsuits against arizona and alabama because it determined those states were interfering with the federal government's enforcement of immigration. here's how attorney general eric holder describes the lawsuit against south carolina, in a statement, he says it is understandable that communities remain frustrated with the broken

immigration system, but a patchwork of state laws is not the solution, and will only create problems. we will continue to monitor the impact these laws might have on our communities and will evaluate each law to determine whether it conflicts with the federal government's enforcement responsibilities. martha: how is the state government of south carolina? nickly haley has been proactive with this law. how are they responding? >> keep in mind south carolina is vowing to fight this lawsuit. you already know the south carolina daughter, nicky haley, is the daughter of immigrants from india, and she says through her spokesman, if the feds were doing their job, quote, we wouldn't have to address illegal immigration reform at the state level, but until they do, we're going to keep fighting in south carolina to be able to enforce our laws. now, the department of homeland security janet napolitano has an answer to that, she says -- she says dhs continues to enforce federal immigration laws in south carolina, napolitano

going on to say in a statement that south carolina's law diverts critical law enforcement resources from the most serious threats to public safety and undermines the vital trust between local jurisdictions and the communities they serve, while failing to address the underlying problems, the need for comprehensive immigration reform at the federal level. martha, south carolina says this tough law requires all law enforcement officers to question someone after an arrest for traffic stops if they suspect they are in the country illegally. as you know, critics have pointed out that that could lead to racial profiling. martha: all right kelly, thank you very much, kelly wright reporting. bill: got a fox news alert now. we have new video of passengers getting off a plane after they were stuck sitting on the tarmac for nearly seven hours. the jetblue flyers, trudging through the snow, late on saturday night. that plane was forced to land at bradley international airport. that's near hartford, connecticut, because of that northeastern snowstorm over the weekend. jetblue offering full

refunds, apologizing to passengers. we will speak with one of the passengers specifically mentioned by the pilot as the pilot tried for hours to get help to his passengers. the disability of this passenger was a major concern. late yesterday, he says the response from the airline was terrible. we'll get -- we're going to talk to him as to whether or not there's an change since late yesterday. that's coming up. martha: what a mess. what a mess. bill: i'm tell you. those are some of the stories we're watching in "america's newsroom". we are also watching this. newly released e-mails from the justice department -- saying the justice department was concerned about weapons going into mexico well before the fast & furious operation. we wonder what's up with that. martha. martha: remember this young lady? got new details on this situation, a foreign spy ring, right here on american soil. we're going to tell you what we now think we know about what they were up to. bill: how about that, huh? >> herman cain denying these allegations, saying they are, quote, totally false. but what does it all mean for the cain campaign? >> let me tell you something

else before i go through there, about being in the top tier of the candidates. you can all see that big bull's eye on my back? >> [laughter] that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8. plus veggie nutrition. you booked our room right? not yet, thanks for reminding me. wait, what? i have the hotels.com app so we can get a great deal even at the last minute. ah, well played sir. get the app. hotels.com.

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martha: a new study with scary statistics about low cost bus services. it found that companies that pick up passengers off the streets rather than a terminal are seven times more likely to be involved in deadly accidents. there have been a number of deadly bus accidents involving low cost carriers, recently including the accident near new york city, which was just horrific. last march, 15 people were killed when the roof of that bus was literally sliced off. it prompted a federal investigation into safety regulations bill: happened too many times, hasn't it? all right, now, herman cain, battling the biggest test of his campaign today, the acsayings reportedly from two former female employees from the late 1990, accusations that cain

firmly denies. here is whart of -- part of what cain told greta last night: >> a lot of people, in fact, have a problem with the fact that i'm doing so well, and i'm so likable. since they cannot shoot hole necessary my proposals, my plans, they're going to try to shoot hole necessary me, the candidate. so that's the reason that this is coming up now. bill: now, what about the cain campaign now? these guys are likable, daily news columnist andrea tantoras, bob bkel, cohost of "the five" on the fox news channel. how you guys doing? >> good, happy tuesday. bill: rand, steve grubbs is running cain's campaign in iowa, he says we'll land more precinct captains -- captains than ever before because of the stories. does this impact cain's campaign, does this give him a boost? >> i don't know about that. if politico -- if this story

is a farce, which he's admitted he was harassed before, politico does have a duty to tell us more but i don't know if this necessarily gives him a boost. i've worked on campaigns before, i've been the press secretary when these sort of scandals come up and his campaign should have gotten out ahead of this way in advance. they've offered some conflicting statements, but we see based on the greta interview last night that there's no "there" there so look, the ground game in iowa is critical right now and what needs to happen in the gop establishment and the gop as a whole is they need to decide whether or not this hurts or helps herman cain. if it's something -- it's something women need to grapple with, if he did this and should they support him. >> bob, does it help or hurt? >> it certainly doesn't help but the idea of saying it's going to attract precinct captains in iowa, if you couldn't get them before this story and you're leading the polls it's probably unlikely this is going to be recruiting tool.

having said that, i think politico owes an explanation here. when i man campaigns i had more people about peoples' sec lives and we never used it because we couldn't prove it. in this case i smell another campaign. because there's one clear point, and that is that somebody is going to emerge from iowa a conservative to face mitt romney. the question -- the question is who's going to be that conservative. the best thing you can possibly do is get cain out of the way and one last point, cain is popular but he has no organization in iowa and you need that to deliver caucus points. bill: fair points and all this might be true. he may have been accused of sexual harassment, he may have been not guilty of that allegation or that charge going back ten or 12 years, and the nra may have made a payment, because based on what cain said last night, an employee is making between 40 or $50,000 a year, after taxes, take-home pay is about $36,000, it

said she was given about three months' pay, which would have been about $9000. so it is possible that organization, the restaurant organization, perhaps wanted the whole thing to go away, andrea. >> possibly, yes, but plit cork as bob said, needs to offer us more details. right now herman cain is shadow boxing against the story. it's not like clarence thomas who had anita hill the accuser, it's not like bill quloint who had paula jones who he paid off $850,000 to make that sexual harassment go away. remember the liberal media told us it's a private matter, none of our business. look, this campaign, if the campaign does not handle this well, if they don't disclose every piece of information they have, it will hurt them and it will help rick perry. it helps mitt romney a little bit but it helps rick perry and to bob's point, the fact that politico is not saying whether or not another campaign gave them the story to me is an admittance that yes, they

did. >> let's keep in mind that thousands of times a day, corporate america, they get a complaint, they pay it off and call it severance and they go away. what doesn't go away is the file and the accusation, no evidence, but they pay them off, because they they want torque as you said, get them out of the way. if i were herman cain, i would do one thing, we did this with gerry ferraro, say i'll answer every question, but after this press conference is over, no more questions. bill: did you hear what roe said that the -- rove said that the -- even though they settled, there was no proof of it. >> i think it would open a pandora's box. bill: it would not clear it up? >> i think it would give us more insight because clearly politico is not giving us insight and they should be the ones providing the details. >> the real insight is who's leaked this. this smells like another campaign. >> of course. and politico is not saying

whether or not they got it from somewhere else. to me it means they did. bill: bob, how are you going to figure that out? >> there are ways, and i've done it in the past by getting people to look into it. i don't want to get into the details of it but we've caught three campaigns doing that stuff. >> if you believe herman cain, the story that he told greta last night was so -- it was such a small deal. it wasn't anything that was sexual harassment at all, so he's right on that. my boss threw candy corn down my dress yesterday! bill: you win! see you at 5:00. >> see you at 5:00. martha: there's more to that candy corn story! thank you guys. how about this, she is a spy turned international sex symbol and we have new surveillance of this young woman. remember anna chapman? it could give us a clue about what she was doing in this country and when she realized the igwas up. bill: a solyndra scandal

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martha: we're getting a new look inside the russian spy ring, the fbi releasing video of anna chapman and the nine other spies before that big bust that happened last year. eric shawn is here with the latest on this story. >> >> reporter: it really looks like a spy thriller but it's real. the fbi has released tapes of alleged russian sleeper spies in action showing how they allegedly passed messages, cash, and information. among those videos, the one that shows the most famous of the accused spies, that's anna chapman, sitting down with the person that she thinks is her russian handler. but really, as they say, is

an undercover fbi agent. you can see the mayor sitting in the coffee shop allegedly discussing, they said, how to slip a fake passport to another russian, by using a secret code phrase. the fbi says another video shows accused spy michael zatoli reportedly digging up a secret buried stash of cash. another shows ms. chapman browseing in a manhattan department store, where they say she was secretly transmitting information to a russian official who was standing just outside. they were using a computer wireless network. in another video, a russian official at a train station, the fbi says they did that to pass money. it's pretty amazing they've got those videos, a guy digging up stuff in color. just astounding. martha: it's incredible and these little cameras tucked all around to pick up all of this. so what happened to these people? >> >> reporter: they were exchanged, ten, in a cold war style swap and the most famous is ms. chapman.

she became an international sensation as a model and tv personality, she graced the cover of maksim magazine, splashed across the tabloids, dressed in a shrinky cocktail dress and has her facebook page. they are giving russia's highest honor, the prime minister vladimir putin saying they sacrificed their lives for the motherland. martha: wow! all right, interesting stuff, eric, thank you very much. bill: all for the motherland. martha: all for the motherland and maksim! for maksim and the motherland. bill: they were hiding in plain sight, weren't they? they were really good spies. the red hot debate over immigration, we told you the controversy about south carolina's new crackdown. we put together a great panel, fair and balanced, on whether or not the attorney general should be trying to get that new law tossed out. martha: blindsided by flash floods this halloween, we're going to tell you where there are rude awakenings

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martha: wow, just a minute and 48 seconds into tradeing this morning and you can see the dow a tumbling quickly, down more than 2 percent now, off 255 points and change. this is really coming from the decision on the part of greece to decide that they want to take a vote among their people to see whether or not they're going to get these austerity measures in place and that vote isn't going to take place until january. so as you can see, the international markets have been roiled by this and that's hurting the u.s. market as well because there's a lot of ripple effects in our global markets and that's what it looks like for us today. bill: how about that runup last week, in the last two weeks? all right, a new report just out about details on the president's next steps in the afghanistan draw down steve centanni has details, we're learning that out of washington. what's up? good morning. >> reporter: hi bill. the shape and size of the u.s. troop presence in afghanistan after the surge forces come home is now on the drawing board. according to reuters, the administration has asked for detail numbers on true

numbers. the u.s. has about 150,000 u.s. troops in afghanistan and the president vowed to pull all the 30,000 surge forces out of afghanistan by next september, by 2014, the entire country will be turned over to afghan security forces. of course, many in the pentagon don't believe the troop draw down is a good idea right now, they don't want to endanger the u.s. gains the u.s. and nato have made over the past few years and the big question remains, would any u.s. and nato troops stay in afghanistan after 2014 by agreement with the afghan government, and if so, how many. all of this may be even more troublesome because of the recent violence in afghanistan just saturday, as you remember, a suicide car bomb killed 17 people in kabul, including one # military and civilian members of the nato force, mostly americans. it raises questions about how effective the afghans will be in protecting their own country, when and if the nato troops are withdrawn all together. a pentagon spokesman saying no decisions have been made yet, and the nature of the

draw down after the surge troops come home will be driven by conditions on the ground, bill. bill: this is a tender time in the history of that war. steve centanni, thank you. martha: well, republican congressman is now calling on the obama administration to stop using taxpayer cash to purchase copies of the president's book that he has authored. congressman schweichert sent a letter to congress after the white house spent $70,000 on memoirs. this was, quote, at a time of record deficits, it is clear that spending taxpayer money in this manner is inappropriate. that congressman joins me now. he's on the house financial services committee. congressman, good morning, good to have you today. >> good morning. martha: so you wrote this letter to the president. any response yet from the white house? >> none yet. we think we might actually here something from the state department in the -- hear something in the state department in the coming

weeks. in the scale of what's going on in greece and afghanistan, it may be very small, but the symbolism is pretty powerful. imagine you're in a foreign country, you're visiting the embassy, they hand you a very political book written by the president, and you realize the president is getting royalties on it. you know, it just -- it's symbolically, but also mechanically, it doesn't seem right. martha: the state department really already did put out a response to this when the whole thing first kind of bulled out and they say this follows regular government procurement rules that diplomats have long used books as a way to help broker talks on foreign policy matters they say, and they also say they engage key audiences, they leave these in the libraries and state department offices around the world. >> in many ways, that's the point. wouldn't you want to give a book about america's greatness, america's history, how we built a functioning republic, not a book that actually, besides the fact that it's very left wing leaning is also very

partisan. give something about the greatness of america, not political ambitions. martha: you seem to have kind of two problems with this. it's the expenditure of money, 70 -- what was the figure, $70,000. >> $70,000. martha: spent on these books. but you know, i wonder, if they were the kind of books of the nature you're discussing that you think would be preferable would you have ever brought this up, would you care that they were spending that money on it? >> probably not, though what my hope would be is maybe those books about america's history and our greatness are actually put out by charitable foundations, nonprofit organizations, and symbolically, and even just from the procurement mechanic, that would have been the more honorable approach. martha: so you want to know if the president has received any royalties on the sales of these specific books. is that right? >> it's actually just sort of the whole chain of -- think of the circle, the president puts out a book that's very ideologically left, that i don't think tells the real story of the greatness of this country. it's handed out at our

embassies all over the world. the royalties come back to the president. it's just -- it's not a particularly pretty circle. martha: we'll see if it gets a response on this. david schweikert, welcome, good to have you here. we'll see where this goes. bill: down 258 on the dow now, by the way, 257. oh cheerio! it's just another tuesday. martha: long way to go. it's a long day. a long time until 4:00. still time to turn this ship around. bill: that's right. what did they know and when did they know -- they know it, newly released e-mails that tell how -- tells how thousands of guns made their way to mexico. martha: not everyone survives a shark attack and survives to talk about it, but this is a great tale and it involves a great white: [ male announcer ] cranberry juice? wake up!

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call this toll-free number now. martha: a california surfer survives a shark attack and is now talking about t take a look at this. this bite is believed to be from a great white shark. looks like a pretty big bite, doesn't it? it's not a huge surf board. but the doctor says that the shark's chomp, missing a major artery in this young man's neck by millimeters, folks. listen to this. >> the nerves appears to work correctly. the question is whether there's going to be significant tenon damage. >> i just want to thank everyone that supported me, all my friends on the beach, the paramedics especially who helped me, and the ambulance, they did great job. also, obviously, everyone at the hospital. martha: boy, incredible, he survived that. it's been a bad year for shark attacks, last month a great white took a chunk out of a surfer's board in oregon. we showed you that a moment ago and last week a great

white killed an american diver after the coast of australia. bill: they have stories to tell, and that's going to leave a mark. it's good that was on the surf board, right? we reported earlier the justice department is suing to stop south carolina's immigration law. it's a new law. the governor in that state nicky halely says the law is necessary because the federal government has failed to deal with the issue. jake seculo is chief counsel for the center for american law and justice and welcome back,. >> thank you bill. bill: they have the challenge in arizona by the feds, the challenge in alabama, and now the challenge in south carolina based on what? >> well, south carolina department of justice is arguing that the state is interfering with federal law, basically focusing on this particular case on when they stop someone, the request to identify, to determine if someone is an illegal immigrant. the irony in this, it's a complete failure on the federal government's part to regulate immigration. i'm the grandson of immigrants, i'm all in favor

of immigration, nicky haley is the daughter of immigrants, the governor of south carolina. but the reality is, and i think we've got to be clear here, if you're in europe and asked to produce your passport to establish citizenship and you don't show it, you end up in jail. that's the way it works. bill: they take you back to the airport. >> exactly right. bill: what she said, whether it's from alabama or arizona, that the federal government is not doing its job and therefore state law must intercede. >> yes. bill: is that a defense? >> i think it is. ultimately here's what's going to happen. you've got the series of cases as you just mentioned, all of them will be headed to the supreme court of the united states ultimate -- ultimately and the court is going to have to address it. the arizona case is pending right now, you've got the others ones percolating in the different circuit courts, but this is a failure of the federal government to exercise its authority to protect our citizens, so the states have the right to protect their citizens, and south carolina, it's also an economic issue, so this whole idea that stopping someone and asking them if they're stopped for a legitimate purpose to

produce evidence of citizenship or the right to be here, i don't think that's a stretch. i think that's clearly within the police authority, the police power of the state. bill: supporters are saying the unemployment rate is two points higher than the national average in south carolina. >> yes. bill you're at 11 percent, the country is at 9.1 percent. they say if you enact this you would help folks there legally to actually get a job. >> sure. bill: this is what the law says. i want to you tell me how it's different from other cases we've seen. in south carolina, the police officers, upon a traffic stop, they would be required to call on a federal immigration authority if they were to suspect the person they're about to arrest is an illegal alien. it continues, the law also makes it a felony for people to use fake i.d. documents for illegal immigrants. >> right. bill: and for people to transport illegal immigrants, they would be subjected to this law as well. perhaps you were driving a car, you were an american citizen, but the people you were transporting were not. >> right. bill: is that the same that they're doing in alabama? is that also what they're

doing in arizona? or does this go a step further? >> it's -- they're all basically coming from the same argument, that is to identify who the person is and whether they're in the united states and now operating in south carolina, alabama, or arizona legally, in other words, within the confines of the law. this was different in the sense that their processes -- their process is contact federal authorities to determine immigration status. why is that such a significant issue, why is contacting a immigration officer, a police officer who stopped someone lawfully, contacting an immigration official, to determine the status of the person stopped to see if they're here legally? shouldn't the federal government be saying thank you very much? >> how does washington answer that question? >> the answer is this is federal control, federal authority, you're messing with federal authority and the ability for the federal government to do their job. the problem is the federal government is not doing its job and the states have a complementary right to protect the states. the idea that the federal government is the only one that can impact the

immigration laws in the united states i think is false. here you don't have an inconsistent statement, you have a partnership. don't you think the federal government -- here's what i think. the federal government should be happy the states are willing to determine someone's identification and contact the federal government to determine immigration status. why is that subject to a lawsuit? why is our federal government taking our taxpayer dollars to sue south carolina for trying to protect its citizens? that's what i -- >> bill: we'll see if it goes to the supreme court. i want to squeeze in one more point. the law allows state residents to sue state officials if they do not enforce the law in south carolina. >> yes. bill: i hear your point, ultimately it may be decided in washington, d.c. by the supreme court. jay sekelow, thank you for your time. >> thank you bill. thank you. martha: how about this? how about getting a foot of rain in less than 48 hours? that's more than hurricanes usually bring, and where this cleanup effort is in full effect right now. plus, when fans attack a brutal soccer attack -- look

at this! crazy situation. they had to call the game off! we'll show you more when we get back.

martha: it is 50 minutes past the hour. let's get you some headlines here. honda is cutting jobs in north america, blaming a shortage in parts due to the flooding in thailand. yawsh is the country where you are most likely to die in a plane crash. the aviation safety network reports that 125 people died in eight crashes this year. all of them on russian-made jets. might want to stay away from those. and defense attorneys in the trial of michael jackson 's doctor, conrad murray, could call the final witness today. no word if dr. murray will

take the stand in his own defense. bill: that would be interesting testimony, huh? >> martha: that would be very interesting. bill: more than a foot of rain causing serious flooding in southern florida. the last time that miami and fort lauderdale saw so much rain in so little time was after a nrn 1999, it left many roads looking like rivers and created a travel nightmare throughout the area. >> it's a cadillac escalade, you would think it would make it through but it didn't. >> i woke up to the sound of my dog drinking water, and i turned my light on and there was about half an inch of water in my room. >> 1:00 this morning, it was flooding so i jumped up real fast and i was in water right away. bill: that water is starting to go down, starting to recede but leaving behind a lot of problems. fox miami has that story. >> reporter: these are the images from across south florida monday, after several rounds of heavy rain. that is a wooden deck that

you're looking at that came loose from its foundation. >> oh my god, look! >> streets flooded from miami-dade to broward. >> boat was the best way to get through neighborhoods where streets were under feet of water. in broward, the flood waters devastated this neighborhood. but some were having fun. this guy, skimboarding. but for most, all of this water meant one big headache. >> we had about 6 inches of water in here. >> we had water actually inside of our apartment. our -- our water comes up to about here. >> cars, stuck, some even flooded, some businesses also under water, their merchandise, damaged or destroyed. >> we've never experienced anything this bad. even during the hurricane. bill: man, that is a part of the country where they get a lot of hurricanes. fox news reporting, wsbn,

our affiliate out of florida. martha: a major boost for u.s. farmers. congress approving a free trade agreement that could mean big business for local farmers. dan springer joins us live with that story from seattle. hey dan. >> hey martha. these deals are panama, colombia, south korea, and farmers say it's about time. this was basically struck four years ago in the bush administration and sat there. growers say it will mean about $2 billion in farm exports, a boost in farm exports, and about 20,000 new jobs in washington state. we're talking about a big boost in apple production and cherry -- cherry production, apples going to colombia, cherries to south korea. on january 21st is a 24 percent tariffs comes off goods and the largest grower in the u.s. believes that will increase exports by 30 percent which will not only be good for their business but also have a ripple effect. >> it raises the overall income that we can produce from the cherry crop, then that income is what allows a

grower to buy a new truck, tractor, and tra tractor employs people and the truck employs people. >> ah, but many large unions fought these trade agreements, among them, the afl-cio, then there's the international association of machinists, the people who build planes for boeing and others. they think it will lead to more plane parts being built overseas. the communications workers of america are also concerned that companies will outsource more customer service work. >> the trade agreements haven't led to increases in jobs, they haven't led to -- they haven't helped the u.s. economy. they've had the opposite effect. and they're always overpromised. >> and the union leaders cite studies done after nasa, that's the -- 1/2 that, the north american free trade agreement, which showed that 600,000 manufacturing jobs left the u.s. but farmers say they can compete internationally and they will and do very well. martha: dan, thank you very

much. bill: there is word of another green energy collapse, raising serious questions about a federal loan program with taxpayer money. congressman mike pompao is all over this. >> and hundreds of thousands still without power, it might be days before anyone sees a light turn back on. martha: jetblue apologizing for keeping those passengers stranded on the tarmac for seven hours. can you believe that? one of those passengers will join us live. his situation was worse than most because he was confined to a wheelchair in that situation. >> we've resolved it for now. we've got a show of authorities on board but i have a paraplegic on board that needs to come off, i have a diabetic on here that's got an issue. it's a list of things. it's a list of things. i just got to get some help. i can't be in an allergy fog. so i get claritin clear for strong, non-drowsy relief of all my alleres like dust mold pets and pollen.

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martha: fox news alert. the justice department knew that high-powered weapons were walking across the border into mexico nearly a

year before they denied they knew any of that was happening. officials on the record talking about operation wide receiver. we're going to explain that. it was a precursor to operation "fast and furious" started by the bush administration. that is little complicated. we'll break it all down. that is how we start a brand new you are who of "america's newsroom". i'm martha maccallum. bill: i'm bill hemmer. welcome to you, martha. an e-mail saying quote, atf let a bunch of guns walk in an effort to get upstream conspirators but only got straws and different recover many guns. some were recovered in mexico after being used in crimes, end quote. martha: that e-mail was ten months before the doj told congress this was not happening. william la jeunesse live in los angeles. william, you have covered this from the very beginning so what is it that these documents are really revealing? >> reporter: well, you know

last night there was this document dump. the congress received 650 pages. we got 100 paged selected by department of justice. those pages suggest main justice in washington new nothing about gunsz going to mexico in operation fast and furious even though on weekly basis. they were tolds one ring in phoenix was buying hundreds of thousands of guns into mexico under surveillance. that was okay. no one spoke up to stop or arrest them. however in a similar case, this previous case, operation wide receiver the atf recruited this man, tucson gun dealer, mike debbe to sell 450 weapons to criminals known as straw buyers. in that case the atf said they would interdict the guns and they didn't. that is where the information that came where we knew basically guns were being smuggled to mexico. martha. martha: that is fascinating when you think of the previous e-mails we saw.

there was discussions in those back and forth we've seen guns walk before. this is part of that situation. what is the attorney general saying? you know on his own behalf about what he knew and didn't know about all? >> reporter: wide receiver took place in 2007 and 2008. what justice is saying they allegedly fund out about this after it happened when obama took, took office and lanny breuer came into office. he was told these guns were going to mexico and found out about it and kept it to himself. he claimed he did not make the connection between wide receiver and "fast and furious" even though the same people, the same office were involved. he never thought to ask if the same practice was occurring. last night he released this statement saying quote, knowing what i know was a pattern of unacceptable and misguided tactics used by atf. i regret i did not alert others within the leadership of the department of justice to the tactics being used in operation wide receiver when

they first came to my attention. basically he is trying to say listen, i found out about it. i didn't speak up. i didn't tell the attorney general and i didn't bother to think maybe it was happening again and it stops there. basically the blame game, they say it delonged in phoenix to the u.s. attorney's office, and atf, not main justice and the attorney general. martha: you wonder what the repercussions of that statement will be for him. thank you very much. william la jeunesse. bill: meantime a hearing is underway on capitol hill as we speak, assistant attorney general lanny breuer testifying on the hill. with me now texas republican john con nirn. he oversees the committee on the justice department. these e-mails. what do they tell you? >> they raise more questions than they answer. the idea of dumping 650 pages of congress the night before lanny breuer, head of the criminal division of the justice department is testifying is just

ridiculous. we've had to pull this information out thanks to congressman issa and senator grassley. they have been taking the lead on the investigation. but i have an unanswered letter that i have written to the attorney general asking him about gun walking operations that eminated from texas. there is also another federal age sent, jaime zapata, killed in mexico last year, early this year, and i've asked whether that murder was also connected to this operation. so we don't have many answers and the attorney general when he comes and testifies before the judiciary committee next week we'll have a lot of questions for him. hope he is forthright answering them. bill: the e-mails doesn't prove anything in your view just yet, it just raises more questions for you? >> well, lanny breuer's statement contradicts eric holder's sworn testimony before the house. eric holder said he learned about this operation a

couple weeks before he testified in may 2011. lanny breuer's statement said he told the attorney general in january or february. so that doesn't jive. so we've just got a mass of contradictions here and it looks like many unanswered questions that need to be answered. bill: the illegality on all this, appears listening to i and following this story, the program it telephone was not illegal. it may have been ill advised starting in 2010 and beyond the legal issue whether or not the truth is being told by the attorney general under oath on the hill, do you have that right? >> that is one of the issues, bill. there is also a major diplomatic issue. here we have the united states government in effect watching guns go across the border and end up in the hand of the drinking cartels and the mexican government itself apparently was not told. this is a this is terrible

way to treat the mexican government fighting literally for their country's life for these drug wars in mexico. the legality of this is one thing. the other thing who is accountable for this botched program. how did wide receiver somehow morph into "fast and furious"? why did we even need "fast and furious" if wide receiver was still being executed. so, a lot of questions. bill: understood. senator, thank you for your time. we will all wait and watch the testimony when it begins with the attorney general. thank you. john cornyn on the hill. martha: let's get you down to wall street are with the dow is getting hit pretty hard today, down more than 230 points at this hour. the big issue here what is happening in greece. they decided not to just input these austerity measures in greece they promised to the e.u. in order to get help over their debt issues. they will not put it to a vote to the people in

january. that has the markets extremely nervous. they invoked rule 48. they did that number of points this year. opening stocks when they think things will get chaotic. that's what you're seeing here this morning. we'll keep a close eye on it. tough morning for the dow. bill: we were all so happy last week. smiles all around. martha: up and down, up and down. bill: jetblue apologizing to customers for keeping them stuck on a tarmac seven and a half hours. one of those flights was scheduled to go to fort lauderdale into newark, new jersey on saturday. it was diverted to hartford, connecticut because of the big snowstorm. more than 100 people stuck on the plane without food or water or working bathrooms. finally allowed to get off as this video will show you in a moment. here is one of the leading executives for jetblue. he is the chief operating officer. >> we know we let some of you down over the course of this weekend and for that we are truly sorry. going forward we plan to fully participate with the department of transportation

in cooperating with their investigation into the events over the weekend and we're also going to conduct an internal valuation so we can learn from this event because at the end of the day you deserve better and we expect better from our crewmembers and our operation. we can only earn your loyalty and trust one flight at a time and we ask you to give us a second chance. bill: now that airline may have to pay a hefty fine. a bit later in our program we'll talk to one of the passengers who was stranded on that plane. his situation much worse than others because he was confined to a wheelchair. martha: let's get to politics now. the iowa governor playing host to a number of republican presidential hopefuls today at jobs forum. iowa of course is a key battleground state. notably absent today the two men are actually leading in the recent iowa poll, herman cain and mitt romney. they're not there. chief political correspondent carl cameron joins me live from washington. carl, how about the absentee

on this event today in iowa? >> reporter: herman cain and mitt romney are not going to go there but it is a big day for iowa. coming as it does two months before the first votes and they're focusing on the biggest issue of the campaign jobs, it's a tough one to miss. all the candidates will be out there in iowa for the national association of manufacturers job forum. manufacturing job forum. rick perry will be there. newt gingrich, rick santorum, ron paul and michele bachmann all attending. they give speeches throughout the event. they will fan out through iowa first gnat nation caucus for meets and greets and town halls. rick perry is making major push in iowa. he added days to his schedule. at first he was only going to be here for a couple days. now he is going out to iowa staying at least through friday. he sees opportunity to get back on track and make a play for the first caucus state. mitt romney is not going to today's jobs forum even though it is supposed to be

in his wheelhouse as self-professed job creator and lifelong businessman. he is waging only small campaign in iowa. he will be absent even though it is his strong suit. herman cain is in d.c. for another round of media interviews. jon huntsman will give an interview in new hampshire. he is skipping iowa all together. martha: very interesting. larry sabato minutes away. thank you very much, carl cameron. >> we're only weeks away from the first big election contest going down in iowa. the candidates are zeroing in on four key states and larry sabato will talk about that. martha: they're illegal citizens in the state and they're being charged out-of-state tuition for college. they're filing a class-action lawsuit. very interesting case. plus this. >> put your hand out the window right now! put your hand out the window! turn around. turn around right now. turn around. bill: some would say don't allow the badge and gun to

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bill: an illegal immigrant found guilty of killing a nun in virginia. the man connected to the car crash that killed sister denise mowser and killed two other nuns, pleaded guilty to letters charges including manslaughter and maiming while drunk driving but not felony murder. one of the victims fellow sisters saying this. >> carlos montano is forgiven by our sisters and we will continue to pray for his continued rehabilitation. bill: the man has also been convicted of drunken driving twice before but was released from custody while awaiting deportation. martha: politics now for a moment. race for 2012 picks up steam as republican presidential

candidates start zoning in on key battleground states. primaries and caucus getting off to early start. iowa on january 3rd. followed by new hampshire and down to south carolina and ending on the 31st of january in the state of florida. four very important states of course. in this race. larry sabato, director for the center of politics at the university of virginia and he joins me how. hey, larry. >> good morning, martha. martha: good morning, to you, sir. we were talking to carl cameron about iowa. there is big event that mitt romney and herman cain are not going to be at. iowa is fascinating to me. let's take a look at the poll and i want to get your thoughts how all of this will fare for mitt romney. they are tied with herman cain. you think they want to be out there pressing the flesh with folks. ron paul in third place with 12%. what do you think will happen in iowa, larry? >> martha, the old saying once burned twice shy applies to mitt romney in iowa. i don't blame him one bit. if you look at the polls, you would think that

mitt romney, the punitive frontrunner should be outcome paining hard in iowa. he got suckered four years ago. he was also the frontrunner in iowa accept iowa destroyed his presidential hopes, it literally did nominating mike huckabee. romney finished well behind. that destroyed romney in new hampshire where he had been leading the polls as the former governor of massachusetts, right next door. so it destroyed him in the 2008 presidential race. quite naturally, romney understands that the electorate in the iowa caucuses is the one of the least favorable to his candidacy. he doesn't want to go back in although he has a tough decision to make. he will be pressured to do it in the hopes that he can knock out all the opponents and just swim to the nomination by winning iowa and new hampshire. martha: he would have to. let's take a look at new hampshire. if romney does not win in iowa he need to lock in new

hampshire of course. he is at 41% there over herman cain 17%. as you say it eluded him last time. looks like this time he has a pretty good shot if we don't see a major game-changer happen between now and january. >> well but the major game-changer is potentially iowa. that is january 3rd that is two months and two days from today and then, just a week later is new hampshire. when someone wins iowa, they will capture the headlines for three, four days. and that is going to affect the poll ratings in new hampshire. so naturally romney is thinking, if i focus solely on new hampshire, and use new hampshire's tendency to perhaps want to do something distinctive, separate from iowa, then i will be better off and think romney is right about that the real, the trick is going to be doing iowa and new hampshire and it may be "a bridge too far". martha: it may be. i am just curious, let's look at the south carolina

numbers here because herman cain says believe he can win in south carolina. he would need to maintain legitimacy in all this if he doesn't win in new hampshire which it doesn't look good for him right now. what about the whole herman cain issue and stuff he is dealing with right now. what kind of impact will we see from that if any? >> martha, we'll have to see what if anything else comes out. i have studied political scandals and press coverage of them for decades and i can tell you herman cain is violated a couple of the key rules which is, get your story straight and stick to it. and second, get every possible bit of information out quickly so that you avoid the drip, drip, drip of media coverage. now if nothing else comes out, if the women never speak publicly, if the national restaurant association doesn't release the report, and there is no new information i think this will die. but if there is new information and if it contradicts anything that herman cain has said, this will become an issue again. martha: who is your best bet

for iowa, larry, at this point? >> i think iowa is completely in flux. i don't think they know what to do. they really don't want romney but they're not sure who to be for. and a lot is going to change between now and january 3rd. you will have other candidates who right now are undercards become real contenders. so iowa, will be iowa. and iowa may well make a different choice than the republican party as a whole in 2012. martha: that is why you have santorum, perry and bachmann all on the ground there today trying to make a difference and trying to be that underdog you're talking about. larry, fascinating as always. great to see you. see you soon. >> thank you, martha. bill: we have breaking news right now. this comes from warsaw, poland on an airline, an airplane that originated in newark, new jersey with 230 people on board. made a crash landing at the airport in warsaw, poland. it happened only moments ago. this is the lot airline, that the national carrier

for poland. get this, no one was injured. apparently there is video that was shot of this crash landing we're working on to bring to you. expect that to happen momentarily. what you see on the video is a plane touching down without landing gear. it slid along the runway with a belly landing before grinding to a the ha. that plain circled the airport for an hour, dumping fuel, trying to get the landing gear down but that did not work. but in the end the pilot landed it safely. all 230 people on board, uninjured and alive. we're waiting for the videotape. you will see it first here on "america's newsroom" when it becomes available. wow! breaking news from warsaw. martha: very frightening for those folks. first solyndra solar panels went belly-up as you know despite half a billion doll from taxpayers. stay tuned for solyndra the sequel. this one is called beacon power, raising a ton of questions about why these companies are getting any money in the first place.

we'll talk to a member of the house energy and commerce committee on that. bill: like 2.0, right? martha: yeah. bill: seven hours on the tarmac, food and water, forget about it. not even a bathroom. a wheelchair-bound passenger on board the flight who had to endure even more than the others. he will join us live. >> do you need any paramedics or anything like that? >> we have the fire truck over here. i guess they have some medical background. i'm not sure who all the players are back there in the back but looks like they got it covered. my priority is a tug and a towbar. give me a welding shop i will be willing to make one myself.ne nows idaho potatoes taste great. but did you know they'reood for you too? they're high in vitamins and potassium. and idaho potatoes are now certified to carry the heart checkmark from the american heart assoction for foods low in saturated fat and cholesterol. so they're good for my family, and for yours.

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bill: want to take you now to the video just arriving here at fox news headquarters in new york. this is the belly landing in warsaw, poland.

with 230 people on board and they're all okay. martha: nicely done. >> the landing gear did not come down. the pilot circled the airport for an hour. dumped fuel. tried to get the landing gear to engage and did not. that is the result. everybody is okay. scott brenner former chief spokesperson for the faa good morning. >> good morning, bill. bill: that is picture-perfect. i don't know if you can see it or not. anybody on board, that was, that was barely felt by the passengers inside. >> yeah, almost like a polish captain sully who landed in the hudson a while ago. you could not ask for more picture-perfect landing without any landing gear. that is what these planes are designed for. bill: that was a 767 boeing-made? >> absolutely. these aircraft, they put them through so many

different kind of tests and unfortunately they don't like to run a lot of tests like these but if the captain knows he does not have landing gear he wants to land on the hardest surface he possibly can so he can prevent any kind of cratering. what you're seeing in the video is exactly what it is designed for. coming in smooth. what i'm most amazed at after that plane stops, the rescue crews are right there putting the fire retardant on that aircraft because that metal right now is probably so hot it is actually melting getting ready to catch fire. bill: they said there was a small fire. that was quickly extinguished but they got out okay. what is the pilot's strategy? is he trying to land on the middle of the plane? is he touching down first on the tail? what is the strategy? >> no he is trying to land it as flat as he possibly can to reduce stress on that structure. it is an airplane after all so they are relatively light

structures. he wants to get as much airplane on the ground at the same time as much as he can so all the pressure is evenly distributed. bill: well done. thank you for your time. >> thank you, bill anytime. bill: that is really good news story we like to share with our viewers. martha: what a hero. bill: the polish sully on land out ever warsaw. martha: sure is. martha: go to this extreme weather aall right for you now. new warnings for millions of people left in the dark by this weekend's rare october snowstorm. state lawmakers are urging people to use caution as they wait for their power to come back. listen to this. >> there was a spike in emergency calls for carbon monoxide poisoning. do not use gas grills in the house, portable generators in the house. charging cell phone with your car. do not move do that with the car in the garage. move it out of the garage to charge your batter at this are. many ways right now that is the big threat to people's safety, public safety and so

we're asking people to be aware of that. martha: so true. there are a lot of dangers involved how people are dealing with this. laura engle live in our new york newsroom. how many people this morning beside my neighbors are still in the dark. >> reporter: the power outage numbers are staggering from saturday's snowstorm. the wet heavy snow quickly accumulated on large leafy trees which snapped off branches and took them down all together. nearly two million homes and businesses across the northeast are still without power that is an improvement. more than three million customers have lost power at some point during the storm. hundreds of thousands of northeast residents were forced to spend yet another night in darkness with extra blankets, fuel, heaters and fireplaces to stay warm and candles and flashlights at least to see for many. shelters and hotels have been only way to deal with this discomfort. at least 21 deaths including one in canada blamed on the

storm through traffic accidents, electrocutions and other causes. numbers in connecticut, 700,000 are still without power. in massachusetts 350,000 without electricity. new jersey, 338,000 without power. some customers are being told they won't have power until thursday. and here in new york about 93,000 customers are still without power. that is a westchester, rockland and putnam counties. we still have a ways to go, martha. martha: my neighbor said to me, martha, hello, you work in this business, what is being done to get our power back on. i wish i had an answer for them. do you have an answer, laura. >> utilities companies i have been speaking with them. they're not only using their own crews but in some cases bringing crews from out-of-state to help manage this mess. i spoke with the new jersey central power and light spokesperson they have 22 substations down right now. each substation represents thousands of customers. ron moreno tells me if you don't clec tryst crew in the neighborhood that doesn't mean they're not working on getting power back on at the

substation. safety is number one priority for all utilities. >> one of our first priorities is to get out, make the roadways safe. cut down as much of the damaged wires and clear the trees so the roads can be freed up and then we come back and make repairs. >> martha, in new jersey, over 5,000 hazards or wires are down right now. you have to imagine what that will take to fix. martha: canceled a lot of halloween celebrations yesterday and trick-or-treating. they told the kids that did go, stay on the sidewalk. don't run across the lawns because you have to be so careful if you step on power wires. thank you very much, laura engle. >> reporter: thank you. bill: power was out 24 hours. martha: lots of people have nothing and no promise of anything until at least thursday as laura was saying. after hurricane irene people were out for a week. bill: all the bizarre days you experience in new york city and that is one of the most ever. martha: it was, wasn't it? weird, unsettling feeling on halloween.

not what we're used to. bill: you helped bail them out. now a stunning new report on executives getting big bonuses. is the pay day with your money justified? martha: students paying higher tuition because their parents are legal immigrants. is that fair. interesting class-action lawsuit. that is coming up in a debate. we'll be right back. we're america's natural gas and here's what we did today: supported nearly 3 million steady jobs across our country... ... scientists, technicians, engineers, machinists... ... adding nearly 400 billion dollars to our economy... we're at work providing power to almost a quarter of our homes and businesses... ... and giving us cleaner rides to work and school... and tomorrow, we could do even more. cleaner, domestic, abundant and creating jobs now. we're america's natural gas. the smarter power, today. learn more at anga.us.

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martha: it's an incredible story. a new report that top executives at the troubled mortgage giant fannie mae and freddie mac got nearly $13 million in bonuses. these are the same organizations that were approved for unlimited government funding back in july of 2008. they got their own huge taxpayer bailout, in other words. then they were place conservatorship by the feds two-months later. a few days after that, they were removed from the s&p 500 stock index because of depleted market value, okay? so you ask yourself, why they would be getting huge multi-million-dollar bonuses eric bolling, host of "follow the money" on fox business, eric, it's mind blowing and brings up all kinds of questions about franklin raines and all the people in charge at these institution, right? and now the folks brought in to provide liquidity to the

market are getting huge kudos because they have the numbers to show for it. >> it's mind blowing. they took wall street-type bonuses to basically stay at the helm of two companies that are government-sponsored enterprises, so a kind of quad i government, quad i enterprises. bottom line, they haven't done anything but continue to take taxpayer-funded bailouts. they're in to the tune of seveno intoa us to the tune of $750 billion. every time obama says he's going to sign the executive order to open up the loans further, every time the government has an idea about a home loan, it ends up in the hands of fannie mae or freddie mac, which is ultimately paid for by the taxpayer. so it's almost like a dumping ground of bad loans, bad ideas, but then again, for the executives of these two corporate quasi corporations, to walk away with literally millions and millions of dollars, it's mind numbing. it's outrageous. martha: they say they need to pay these people well. >> yeah, why?

why? >> martha: because we're not seeing result, right? we're not seeing results. >> it's almost like a holding ground for bad loans. you don't have to pay someone three or $4 million -- >> martha: to hold bad loans. what strikes me as odd is that you're talking about the occupy wall street movement and the white house pointing the finger at a lot of big business and what people are getting paid and you wonder why they don't point the finger at this organization which holds a good share of the blame as well of the housing crisis. >> absolutely, some of the easy loans that were the source of the financial meltdown, that's really where it comes from and from them, franklin raines, you pointed out, took them $90 million at the beginning of the housing crisis. but yeah, that's where occupy should be occupying k street instead of wall street. martha: eric, thank you. it's a big story today. thank you for bringing it to us. bill: we have brewing news on a sad note, the mother of hillary rodham clinton has died. they were given an indication that her health was not good, dorothy

rodham, born in june 1919, when hillary canceled a trip overseas at the last moment, she died shortly after midnight, this on the first of november, 2011 n. washington, d.c., and she was surrounded by family at the time. and our thoughts go out to the clinton family today and the rodhams as well for this news and the passing of dorothy howell rodham, dead on the first of november, 2011. >> if you say that we should not educate children who have come into our state for no other reason than they've been brought there by no fault of their own, i don't think you have a heart. we need to be educating these children, because they will become a drag on our society. bill: well, that is rick perry talking about tuition break phos illegal immigrants in texas, and that raised a firestorm after that happened, that first debate. now, they are in florida now, they are legal citizen, students working for a college degree, but the

parents are here illegally and now the students are being charged more for tuition because of mom and dad's status. again in florida, where a class action lawsuit has been filed because of it, the students bringing that case claim discrimination. what about all this? stephen camarota, center for immigration studies an tanya gal lavment no, an attorney for the study center, that center representing the students. stephen, why is florida doing this? and is it legal? >> well, it seems very unusual. remember, the story is, and we'll have to see how it plays out, is that these individuals were born in the united states, and so in general, by custom, most states treat those individuals in all circumstances as u.s. citizens, and so i would guess florida is not going to fight this lawsuit and is going to give them the in-state tuition. the interesting question, and there are several here, is are the children born to illegal immigrants actually u.s. citizens. congress has never passed a law on that and the supreme court has never ruled, but it seems unlikely that this

could be decided at the state level. so this is a debate among constitutional scholars. bill: what you're saying is tanya is going to win her case here. >> i think so. bill: i bet you don't -- go ahead? >> well, i think yeah, i think that it seems unlikely that florida is going to fight this. for one thing, florida gives driver's licenses and other things to people who were born into the united states, born in the united states to illegal immigrant parents, so it seems unlikely they could somehow say they were not going to give in-state tuition. again, in general, as a common practice, right now people born to illegal immigrants are considered citizens. bill: tanya, what do you think is your best argument here? >> i think steve is absolutely right. the students we represent are u.s.-born, u.s. citizens, so the argument is really simple. as u.s. citizens, the students deserve to have the same treatment as any other u.s. citizen who also resides in the state of florida. the only issue in this case is the parents of these kids

are undocumented, but when you look the at kids themselves they've lived most if not all of their lives in the state of florida and they are all legal, united states citizens. that is beyond dispute. so we think it's a straightforward equal protection claim. bill: we have found one it different states. and this is not the same. it's related, within the same family of stories here. but there are 12 states now that give breaks to illegal students who are living in their state and they get out of state tuition breaks. now steve, do you see something like this changing? >> congress would have to act and deal with the question of whether people born to illegal immigrants are, in fact, u.s. citizens. it's an open debate among constitutional scholars but it's unlikely that florida can do this. on the question of giving in-state tuition to children themselves who are illegal immigrants that i think states have generally not been doing and some states did it in the past, but for example in maryland they actually passed a law to do this but coming up is a

ballot initiative put on there by the citizens of maryland and i think it's going to be overturned. bill: you're taking us really deep into that and something that's going to be here for a while. thanks to both of you, tanya and stephen. got breaking news, apologize for being short this time. we'll give you more next time. nineteen minutes before the hour. martha: you remember this, first solyndra well belly up, despite half a billion dollars in federal loan guarantee, now you've got another energy company, beacon, following the same footsteps. we're going talk to a key congressman investigating all of this. that's coming up moments away. [ male announcer ] drinking a smoothie with no vegetable nutrition? ♪ [ gong ] strawberry banana! [ male announcer ] for a smoothie with real fruit plus veggie nutrition

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favoritism and the connections between big business, big unions, and big government. joined now by congressman tom popa -- pompao, congressman, welcome. >> good to be here. martha: this is a much smaller loan, $43 million as opposed to the half billion dollar loan we saw that went to solyndra, which is an extraordinary amount of money to go to a company from tox pairs. what do you think about this -- taxpayers. what do you is this interesting about this? >> the interesting thing is it's number two. we asked them are there any others and we were told no, everything is in good shape. the question is what will be three, four, five. the second thing is it appears pretty clear that, again, the leaders of this company were supporters of this president with campaign contributions having been paid to him. so it raises a question about how these decisions about who should get loin guarantee, what that process

was, and we're trying to get information, we'll hold a hearing where we'll consider subpoenaing documents that the white house has refused to turn over on thursday of this week, and then we'll have hearings, with the secretary of department of energy, where we'll have lots of questions. martha: that's what i wanted to get to next. on november 17th, stephen chu, the department of energy, will be sitting down and you're all going to ask him questions. how did this happen, how did this huge loan go to this company when there were analysts who said they were concerned about the company, right? so tell me what you're going to ask him. >> it's remarkable. i've been in these hearings and not a single person has stood up to take any accountability, for half a million dollars of taxpayer money, squandered. it was very clear this company was in trouble, solyndra, was in trouble long before the loan was finalized, and yet they ran through all kinds of internal stop signs saying let's do more diligence, let's check. there was pressure. pressure from outside the department of energy to make these loans when they knew there were problems, yet no one has stood up to take accountability.

we want to ask secretary chu, tell me where the buck stops. i think i know where it ought to stop but i want to hear from him where in his organization he believes responsibility for half a billion dollars of taxpayer money is squandered. martha: you go back to the fact that the bush administration was interested in this companyna similar way, they decided a couple weeks before the end of that that they shouldn't go there. >> they did. martha: so to do that about face is of great interest i would imagine in this hearing. >> it's deeply troubling, when you see the e-mail trail of what was going on inside the department of energy and department of treasury, the concerns raised by analysts reviewing this credit, you know there were folks outside telling them hurry, hurry, we have a political need to get this project complete. you know, the second thing that we want to ask about is, we held hearings, solyndra had happened, and then there were a few days left in the fiscal year where there was money yet to be released from this program and we urged the department of energy to make no more loans, yet they did. they released billions of dollars in loans in the month of september alone, after they knew there were

problems with the program, and conducted no investigation before having done it. there are lots of unanswered questions about why they felt compelled to proceed in that hurried fashion. >> martha: congressman pompeo, very interesting to talk to you, we'll be watching those hearings closely and i know our viewers will as well. bill: 12 minutes before the hour. jenna lee is working on a whole bunch of stuff on "happening now". what's going on? >> jenna: unfortunately, i can't hear you. i apologize. i'm sure you said something amazing and clever! we have developments in the gun walking scandal, senator grassley is here with the latest on fast & furious. also the markets are having another bad day, what the selloff means for all of us. that 767 crashes, lands with no wheels and no one is killed. the amazing video ahead. and rick santorum. go to foxnews.com, click on the america's asking tab and we'll see you in just over

we'll see you in just over ten minutes. so who ordered the cereal that can help lower olesterol and who ordered the yummy cereal? yummy. [ woman ] lower cholesterol. [ man 2 ] yummy. i got that wrong didn't i? [ male announcer ] want great taste and whole gin oats that can help lower cholesterol? honey nut cheerios.

martha: this is an incredible story. this plane took off from newark airport head to war saw, poland, that is the landing, but the crazy thing about that landing? no landing gear! it looks as smooth as could be. a polish soly is what our guest from the former -- a former faa official called it. two hundred thirty people are absolutely fine on that plane. they were seen fleeing the plane, as you can well understand. once it landed, they wanted to be safe on the ground and you can see the effort to put out a small fire that started from the friction, but all is good for those people. hero pilot. bill: a great story, too? not just good news, but great. this could be a significant day in the involuntary manslaughter trial of michael jackson's doctor, conrad murray is the

doctor. will he take the stand and defend himself? or decline? adam housley is live in l.a. when will we know that answer adam? >> reporter: well bill, we'll know first thing this morning. the judge has asked him a couple of times over the course of this case, will you testify and every time he's said he wasn't sure. yesterday afternoon when court ended the judge asked him one more time, dr. murray do you plan on testifying in your behalf, he said he wasn't sure, the judge said he will ask him one more time, that is this morning, around 9:00 a.m. our time, a judge is expected to ask dr. murray, at that point murray will have to decide yes or no. most people believe, bill, that he will not testify in his own behalf, that he'll stick with what the defense has told him, which is to go with their witnesses only. bill: there is a star witness for the defense back on the stand? how big of a star? >> well, he was a big star on thursday and friday, half day both days for the defense, and during cross-examination yesterday, the prosecutor just really ripped into him and got him to admit a number of things about the care that was done

by this doctor for michael jackson, stuff that even this doctor, the star witness for the defense, wouldn't do. take a listen: >> if michael jackson had asked you to give him pope follow each night to put him to sleep in his bedroom, other than time concerns, are you saying you would do it? >> i'm saying i wouldn't even consider it. >> is that because of concerns about time? >> it's something that no amount of money could convince me to accept or take on as a responsibility. >> reporter: once again, that was dr. paul white, the star witness for the defense, being cross-examined by the prosecution admitting he wouldn't even give him propofol in his own bedroom and he goes through the scenarios that michael jackson did give the stuff to himself. bill: there will be drama regardless today, adam, thank you. >> absolutely. bill: it's a significant day in this trial. stay tuned here and we'll let you know how it unfolds. martha: we're wondering how we're going to spend january

and new hampshire is giving us a bit more ever a -- bit more of a clue, they are announcing their primary date on wednesday, it is widely expected to be january 10th. so we're going to wait for that announcement, carl cameron letting us know that is coming wednesday, which is tomorrow. and concerns over this, a possible cyber attack affecting u.s. chemical plants. we're going to tell you which country could be behind this alleged hacking plot. scary stuff, next. ♪ that's good morning, veggie style. hmmm [ male announcer ] for half the calories -- plus veggie nutrition. could've had a v8.

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lauderdale. the highway patrol officer said she thought the cruiser might have been stolen. he apologized saying he was late for an off-duty gig. she was having none of that. she calls him a criminal and, then she said it happens all the time. which is rather intruding. martha: sure is. how about this, soccer become as combat sport. an irate fan, look at this, jumps over the side and rushes onto the field and. punches. right hook. oh. they did not let him get away. swarming around him. the security came and broke it up. the player suffered a broken cheekbone, that from romania. >> the officer. martha: football is a wild support. >> don't mess with those folks. we'll send the female officer from miami over there. martha: i would like to see that.